(영문) 수원지방법원 안양지원 2016.10.21 2015고단949

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(영문) 수원지방법원 안양지원 2016.10.21 2015고단949

사기등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2015 Highest 949"

1. On December 18, 2014, the Defendant, using the national bank account (D) in the name of the Defendant, made a false statement that he/she would send 80,000 won to the victim E, who reported and contacted the above writing, by remitting 80,000 won to the victim E, on a gallon juno-2 mobile phone.

However, since the defendant did not have a gallon 2 mobile phone for sale to the victim, even if he received the payment from the victim, he did not have the intention or ability to send the gallon 2 mobile phone to the victim.

The Defendant, by deceiving the victim as above, received 80,000 won from the victim to the national bank account (D) in the name of the Defendant on the same day, under the name of the Defendant, for a gallon-based mobile phone price.

In addition, from March 16, 2015 to March 16, 2015, the Defendant took over 2,225,000 won in total from the victims to the above national bank account under the name of the Defendant through 14 times, such as the list of crimes (1) as shown in the attached Table of Crimes (1).

2. On February 14, 2015, the Defendant, using the new bank account (F) in the name of the Defendant, posted a false statement on the sales of a mobile phone on a “number-to-door,” which is an Internet used goods transaction site, and then sent 80,000 won to the victim G who reported and contacted the above writing to transfer 80,000 won.

However, since the defendant did not have a mobile phone sold to the victim, even if he receives the payment from the victim, he did not have the intention or ability to send the mobile phone to the victim.

As above, the Defendant, by deceiving the victim, received 80,000 won from the victim to the new bank account (F) in the name of the accused on the same day, as the sales proceeds of the mobile phone from the victim and acquired it by the defrauded.

The defendant shall be the defendant.

유사 판례

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